Control of Pollution Act 1974

Part III E+W+S Noise

Modifications etc. (not altering text)

C2Pt. III (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

Pt. III (except ss. 70(2)(3)(5), 71(1)) modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C3Pt. III (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2

Pt. III (except ss. 70(2)(3)(5), 71(1)) modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2

Periodical inspections by local authoritiesE+W+S

57 Periodical inspections by local authorities.E+W+S

It shall be the duty of every local authority to cause its area to be inspected from time to time—

[F1(a) to detect anything which ought to be dealt with under the following section; and]

(b)to decide how to exercise its powers concerning noise abatement zones.

Textual Amendments

Summary proceedings to deal with noiseE+W+S

[F258 Summary proceedings by local authorities.E+W+S

(1) Where a local authority is satisfied that noise amounting to a nuisance exists, or is likely to occur or recur, in the area of the local authority, the local authority shall serve a notice imposing all or any of the following requirements—

(a) requiring the abatement of the nuisance or prohibiting or restiricting its occurrence or recurrence;

(b)requiring the execution of such works, and the taking of such other steps, as many be necessary for the purpose of the notice or as may be specified in the notice;

and the notice shall specify the time or times within which the requirements of the notice are to be complied with.

(2) The notice shall be served on the person responsible for the nuisance or, if that person cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises from which the noise is emitted or would be emitted.

(3) The person served with the notice may appeal against the notice to a magistrates’ court within twenty- one days from service of the noice.

(4) If the person on whom a noice is served under this section without reasonable excuse contravenes any requirements of the notice, he shall be guilty of an offence against this Part of this Act.

(5) In proceedings for an offence under the preceding sub-section in respect of noise caused in the course of a trade or business, it shall be a defence to prove hat the best practicable means have been used for preventing, or for counteracting the effect of, the noise.

(6) In proceedings for an offence under subsection (4) of this section of contravening requiremens imposed by virtue of sub-section (1)(a) of this section it shall be a defence to prove.—

(a) that the alleged offence was covered by a notice served under section 60 or a consent given under section 61 or 65 of t his Act; or

(b)where the alleged offence was committed at a time when the pemises were subject to a notice under section 66 of this Act, that the level of noise emanating from the premises at that time was not such as to constitute a contravention of the noice under section 66; or

(c) where the alleged offence was committed at a time when the premises were not subject to a notice under section 66 of this Act, and when a level fixed under section 67 of this Act applied to the premises, that the level of noise emanating from the premises at that time did not exceed that level. Paragraphs (b) and (c) above apply whether or not the relevenat notice was subject ot appeal at the time when the offence was alleged to have been committed

(7) Where a nuisance which exists or has occurred within the area of a local authority, or which has affected any part of that area, appears to the local authority to be wholly or partly caused by some act or default committed or taking place outside its area, the local authority may act under this section as if the act or default were wholly within that area, exept that any appeal shall be heard by a magistrates’ court having jurisdiction where the act or default is alleged to have taken place.

(8) If a local authority is of opinion that proceedings for an offence under subsection(4) of this section would afford an inadequate remedy in the case of any noise which is a nuisance, they may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable not withstanding that the local authority has suffered no damage from the nuisance; but in any proceedings taken in pursuance of this subsection it shall be a defence to prove that the noise was authorised by a notice under section 60 or a consent under section 61 of this Act.

(9) Section 1 of the Noise Abatement Act 1960 (which is superseded by this section) shall cease to have effect except as respects notices served by virtue of that section before the coming into force of this section.]

Textual Amendments

Yn ddilys o 05/01/1994

[F358A Service of notice in respect of anticipated road noise or road noise from unattended vehicles, machinery or equipment.E+W+S

(1)In the case of road noise to which subsection (1) of section 58 of this Act applies and which—

(a)has not yet occurred; or

(b)is emitted from or caused by an unattended vehicle or unattended machinery or equipment;

any such notice as is mentioned in the said subsection (1) shall be served in accordance with subsection (2) below.

(2)The notice shall be served—

(a)where the person responsible for the vehicle, machinery or equipment can be found, on that person;

(b)where—

(i)that person cannot be found; or

(ii)the local authority determines that this paragraph shall apply,

by fixing the notice to the vehicle, machinery or equipment.

(3)Where a notice is fixed in accordance with subsection (2)(b)(ii) above but within an hour thereafter the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice, then the copy shall be so served on him.

(4)A notice served in accordance with subsection (2)(b)(ii) above shall state that, if a copy of the notice is subsequently served under subsection (3) above, the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is so specified.

(5)Where a notice is served in accordance with subsection (2)(b) above, the person responsible for the vehicle, machinery or equipment may appeal, under section 58(3) of this Act, against the notice as if he had been served with it on the date on which it was fixed to the vehicle, machinery or equipment.

(6)Section 58(4) of this Act shall apply in relation to a person on whom a copy of a notice is served under subsection (3) above as if the copy were the notice itself.

(7)A person who removes or interferes with a notice fixed, in accordance with subsection (2)(b) above, to a vehicle, machinery or equipment shall be guilty of an offence, unless he is, or does so with the authority of, the person responsible for the vehicle, machinery or equipment.

(8)A person who commits an offence under subsection (7) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F3Ss. 58A, 58B inserted (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 3

Yn ddilys o 05/01/1994

[F458B Actings where notice in respect of road noise not complied with.E+W+S

(1)Where a notice under section 58 of this Act in respect of road noise has not been complied with, the local authority may execute works to abate, restrict or prevent the recurrence of the nuisance and do whatever may be necessary in furtherance of the requirements specified in the notice.

(2)Any expenses reasonably incurred under subsection (1) above by a local authority may be recovered by them from any person on whom the notice under section 58 was duly served or by whose act or default the nuisance was caused; and the court may apportion those expenses between such persons in such manner as it considers fair and reasonable.]

Textual Amendments

F4Ss. 58A, 58B inserted (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 3

[F559Summary proceedings by occupier of premises.E+W+S

(1) A magistrates’ court may act under this section on a complaint made by the occupier of any premises on the ground that in his capacity as occupier of the premises he is aggrieved by noise amounting to a nuisance.

(2) If the magistrates’ court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises , the court shall make an order for either or both of the following purposes—

(a) requiring the defendant to abate the nuisance, within a time specified in the order, and to execute any works necessary for the purpose;

(b)prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence.

(3) Proceedings under this section shall be brought against the person responsible for the nuisance or, if that person cannot be found, against the owner or occupier of the premises from which the noise is emitted, or would be emitted.

(4) A personwhowithout reasonable excuse contravenes any requirement of an order under subsection (2) of this section shall be guilty of an offence against this Part of this Act.

(5) In proceedings for an offence under this section in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means have been used for preventing , or for counteracting the effect of, the noise.

(6) If a person is convicted of an offence under subsection (4) of this section , a magistrataes’ court may, after giving the local authority in whose area the nuisance has occurred an opportunity of being heard, direct the authority to do anything which the person convicted was required to do by the order to which the conviction relates.

(7)In the application of this section to Scotland.—

(a) In subsection (1), for the reference to a complaint there shall be substituted a reference to a summary application;

(b) for the references to the defendant there shall be substituted reference to the person against whom the proceedings are taken.]

Textual Amendments

F5S. 59 repealed (E.W.)(N.I.) by Environmental Protection Act 1990, (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

Yn ddilys o 05/01/1994

[F659A Supplementary provisions in relation to road noise.E+W+S

(1)Any person authorised by a local authority may on production (if so required) of his authority—

(a)enter or open a vehicle, machinery or equipment, if necessary by force; or

(b)remove a vehicle, machinery or equipment from a road to a secure place,

for the purpose of taking any action, or executing any work, authorised by this Part of this Act in relation to a nuisance caused by road noise.

(2)On leaving any unattended vehicle, machinery or equipment that he has entered or opened under subsection (1) above, a person shall, subject to subsection (3) below, leave it secured against interference or theft in such manner and as effectually as he found it.

(3)If the person is unable to comply with subsection (2) above, he shall for the purposes of securing the unattended vehicle, machinery or equipment either—

(a)immobilise it by such means as he considers expedient; or

(b)remove it from the road to a secure place.

(4)In carrying out any function under subsection (1), (2) or (3) above, a person shall not cause more damage than is necessary.

(5)Before a vehicle, machinery or equipment is entered, opened or removed under subsection (1) above, the local authority shall notify the police of the intention to take action under that subsection.

(6)After a vehicle, machinery or equipment has been removed under subsection (1) or (3) above, the local authority shall notify the police of its removal and current location.

(7)Notification under subsection (5) or (6) above may be given to the police at any police station in the local authority’s area.

(8)For the purposes of subsection (2) of section 58B of this Act, any expenses reasonably incurred by a local authority under subsection (2) or (3) above shall be treated as incurred by the authority under subsection (1) of that section.

(9)A person who wilfully obstructs any person who is acting in exercise of powers conferred by the foregoing provisions of this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(10)Nothing done in good faith under subsections (1) to (6) above by, or by a member of, a local authority or by any officer of, or other person authorised by, a local authority shall subject the authority, or any of them personally, to any action, liability, claim or demand whatsoever.]

Textual Amendments

F6S. 59A inserted (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 5

Construction sitesE+W+S

60 Control of noise on construction sites.E+W+S

(1)This section applies to works of the following description, that is to say—

(a)the erection, construction, alteration, repair or maintenance of buildings, structures or roads;

(b)breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;

(c)demolition or dredging work; and

(d)(whether or not also comprised in paragraph (a), (b) or (c) above) any work of engineering construction.

(2)Where it appears to a local authority that works to which this section applies are being, or are going to be, carried out on any premises, the local authority may serve a notice imposing requirements as to the way in which the works are to be carried out and may if it thinks fit publish notice of the requirements in such way as appears to the local authority to be appropriate.

(3)The notice may in particular—

(a)specify the plant or machinery which is, or is not, to be used;

(b)specify the hours during which the works may be carried out;

(c)specify the level of noise which may be emitted from the premises in question or at any specified point on those premises or which may be so emitted during specified hours; and

(d)provide for any change of circumstances.

(4)In acting under this section the local authority shall have regard—

(a)to the relevant provisions of any code of practice issued under this Part of this Act;

(b)to the need for ensuring that the best practicable means are employed to minimise noise;

(c)before specifying any particular methods or plant or machinery, to the desirability in the interests of any recipients of the notice in question of specifying other methods or plant or machinery which would be substantially as effective in minimising noise and more acceptable to them;

(d)to the need to protect any persons in the locality in which the premises in question are situated from the effects of noise.

(5)A notice under this section shall be served on the person who appears to the local authority to be carrying out, or going to carry out, the works, and on such other persons appearing to the local authority to be responsible for, or to have control over, the carrying out of the works as the local authority thinks fit.

(6)A notice under this section may specify the time within which the notice is to be complied with, and may require the execution of such works, and the taking of such other steps, as may be necessary for the purpose of the notice, or as may be specified in the notice.

(7)A person served with a notice under this section may appeal against the notice to a magistrates’ court within twenty one days from the service of the notice.

(8)If a person on whom a notice is served under this section without reasonable excuse contravenes any requirement of the notice he shall be guilty of an offence against this Part of this Act.

Modifications etc. (not altering text)

C4S. 60 modified (9.11.2001) by S.I. 2001/3682, art. 32

C5S. 60 modified (18.7.2001) by S.I. 2001/2870, art. 21

C6S. 60 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 22

C7S. 60 modified (18.12.1996) by 1996 c. 61, s. 29

61 Prior consent for work on construction sites.E+W+S

(1)A person who intends to carry out works to which the preceding section applies may apply to the local authority for a consent under this section.

(2)Where approval under building regulations [F7under Part II of the M1Public Health Act 1936], or in Scotland a warrant under section 6 of the M2Building (Scotland) Act 1959, is required for the carrying out of the works, the application under this section must be made at the same time as, or later than, the request for the approval under building regulations or, as the case may be, the application for a warrant under the said Act of 1959.

(3)An application under this section shall contain particulars of—

(a)the works, and the method by which they are to be carried out; and

(b)the steps proposed to be taken to minimise noise resulting from the works.

(4)If the local authority considers that the application contains sufficient information for the purpose and that, if the works are carried out in accordance with the application, it would not serve a notice under the preceding section in respect of those works, the local authority shall give its consent to the application.

(5)In acting under this section a local authority shall have regard to the considerations set out in subsection (4) of the preceding section and shall have power to—

(a)Attach any conditions to a consent; and

(b)limit or qualify a consent to allow for any change in circumstances; and

(c)limit the duration of a consent,

and any person who knowingly carries out the works, or permits the works to be carried out, in contravention of any conditions attached to a consent under this section shall be guilty of an offence against this Part of this Act.

(6)The local authority shall inform the applicant of its decision on the application within twenty-eight days from receipt of the application; and if the local authority gives its consent to the application it may if it thinks fit publish notice of the consent, and of the works to which it relates, in such way as appears to the local authority to be appropriate.

(7)If—

(a)the local authority does not give a consent within the said period of twenty-eight days; or

(b)the local authority gives its consent within the said period of twenty-eight days but attaches any condition to the consent or limits or qualifies the consent in any way,

the applicant may appeal to a magistrates’ court within twenty-one days from the end of that period.

(8)In any proceedings for an offence under section 60(8) of this Act it shall be a defence to prove that the alleged contravention amounted to the carrying out of the works in accordance with a consent given under this section.

(9)A consent given under this section shall contain a statement to the effect that the consent does not of itself constitute any ground of defence against any proceedings instituted under section 59 of this Act [F8(in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales)].

(10)Where a consent has been given under this section and the works are carried out by a person other than the applicant for the consent, it shall be the duty of the applicant to take all reasonable steps to bring the consent to the notice of that other person; and if he fails to comply with this subsection he shall be guilty of an offence against this Part of this Act.

Textual Amendments

Marginal Citations

Noise in streetsE+W+S

62 Noise in streets.E+W+S

(1)Subject to the provisions of this section, a loudspeaker in a [F9street][F9road] shall not be operated—

(a)between the hours of nine in the evening and eight in the following morning, for any purpose;

(b)At any other time, for the purpose of advertising any entertainment, trade or business;

and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be guilty of an offence against this Part of this Act.

  • [F10In this subsection “street” means a highway and any other road, footway, square or court which is for the time being open to the public.]

(2)The preceding subsection shall not apply to the operation of a loudspeaker—

(a)for police, fire brigade or ambulance purposes, by [F11a water authority][F11the National Rivers Authority, a water undertaker or a sewerage undertaker] in the exercise of any of its functions, or by a local authority within its area;

(b)for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;

(c)if the loudspeaker forms part of a public telephone system;

(d)if the loudspeaker—

(i)is in or fixed to a vehicle, and

(ii)is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and

(iii)is so operated as not to give reasonable cause for annoyance to persons in the vicinity;

(e)otherwise than on a [F12highway][F12public road (within the meaning of the Roads (Scotland) Act 1984)], by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;

(f)by a travelling showman on land which is being used for the purposes of a pleasure fair;

(g)in case of emergency.

(3)Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day if the loudspeaker—

(a)is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and

(b)is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and

(c)is so operated as not to give reasonable cause for annoyance to persons in the vicinity.

(4)An offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the M3Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.

Textual Amendments

F9 “road” substituted (S.) for “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1) Sch. 9 para. 74(5)(a)(i)

F11Words “the National Rivers Authority, a water undertaker or a sewerage undertaker” substituted (E.W.) for “a water authority” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(7), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F12Words “public road (within the meaning of the Roads (Scotland) Act 1984)” subtituted (S.) for “highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(5)(b)

Modifications etc. (not altering text)

C8S. 62(1) power to exclude conferred (5.1.1994) by 1993 c. 40, ss. 8, 12(1), Sch. 2 para. 1(1)

Marginal Citations

Noise abatement zonesE+W+S

63 Designation of zones.E+W+S

(1)A local authority may by order . . . F13 designate all or any part of its area a noise abatement zone.

(2)An order under this section shall specify the classes of premises to which it applies (that is to say, the classes of premises subject to control under the following provisions of this Part of this Act).

(3)An order made . . . F13 under this section may be revoked or varied by a subsequent order so made . . . F13

(4)The provisions of Schedule 1 to this Act shall apply to the . . . F13 coming into operation of an order under this section.

(5)In this Part of this Act a “noise abatement order” means an order made under this section.

Textual Amendments

F13Words repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 14, Sch. 34 Pt. II except in their application to orders made but not confirmed before 13.11.1980

64 Register of noise levels.E+W+S

(1)Every local authority which has designated its area or any part of its area a noise abatement zone shall measure the level of noise emanating from premises within the zone which are of any class to which the relevant noise abatement order relates.

(2)The local authority shall record all measurements taken in pursuance of the preceding subsection in a register (in this Part of this Act referred to as a “noise level register”) to be kept by the local authority for the purpose in accordance with regulations.

(3)The local authority on recording any measurement in the noise level register shall serve a copy of that record on the owner and occupier of the premises in respect of which the measurement was taken; and any person on whom a copy of such a record is served may, within twenty-eight days of the date of service, appeal to the Secretary of State against the record.

(4)On an appeal to the Secretary of State in pursuance of the preceding subsection the Secretary of State may give to the local authority in question such directions as he thinks fit as to the record of the measurement of noise which is the subject of the appeal, and it shall be the duty of the authority to comply with the directions.

(5)Except as provided by the preceding provisions of this section the validity or accuracy of any entry in a noise level register shall not be questioned in any proceedings under this Part of this Act.

(6)The premises as to which a local authority is to make measurements under this section shall include those which come within a class to which the relevant noise abatement order relates after the making of the order; and it shall be for the local authority to determine, both for those premises and all other premises of any class to which the relevant noise abatement order relates, when the measurements under this section are to be made.

(7)A noise level register shall be open to public inspection at the principal office of the local authority free of charge at all reasonable hours, and the local authority shall afford members of the public reasonable facilities for obtaining from the authority, on payment of reasonable charges, copies of entries in the register.

(8)Provision may be made by regulations—

(a)for determining, or for authorising the Secretary of State to determine, the methods by which noise levels are to be measured for the purposes of any provision of this section and the three following sections; and

(b)for enabling noise levels calculated in accordance with the regulations, or in accordance with the directions of the Secretary of State, to be treated for those purposes as measured by a method determined in pursuance of the preceding paragraph.

65 Noise exceeding registered level.E+W+S

(1)The level of noise recorded in the noise level register in respect of any premises shall not be exceeded except with the consent in writing of the local authority.

(2)The local authority’s consent may be made subject to such conditions, whether as to the amount by which the level of noise may be increased, or as to the period for which, or the periods during which, the level of noise may be increased, as may be specified in the consent; and the authority shall record particulars of the consent in the noise level register.

(3)If within the period of two months beginning with the date on which a local authority receives an application for its consent under this section, or within such longer period as the authority and the applicant agree in writing, the authority has not notified the applicant of its decision on the application, the authority shall be deemed to have refused consent in pursuance of the application.

(4)An applicant for consent under this section may appeal to the Secretary of State against the local authority’s decision on the application within the period of three months beginning with the date on which the authority notifies him of the decision or, in a case falling within the preceding subsection, beginning with the expiration of the period or longer period there mentioned; and it shall be the duty of the local authority to act in accordance with the decision of the Secretary of State on the appeal.

(5)If noise emitted from any premises constitutes a contravention of subsection (1) of this section or of a condition attached to a consent under this section, the person responsible shall be guilty of an offence against this Part of this Act.

(6)The magistrates’ court convicting a person of an offence under the preceding subsection may, if satisfied that the offence is likely to continue or recur, make an order requiring the execution of any works necessary to prevent it continuing or recurring, and if that person without reasonable excuse contravenes any requirement of the order he shall be guilty of an offence against this Part of this Act.

(7)The magistrates’ court may, after giving the local authority in whose area the premises are situated an opportunity of being heard, direct the local authority to do anything which the court has power under the preceding subsection to require the person convicted to do, either instead of, or in addition to, imposing any requirement on that person.

(8)A consent given under this section shall contain a statement to the effect that the consent does not of itself constitute any ground of defence against any proceedings instituted under section 59 of this Act [F14(in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales)].

Textual Amendments

66 Reduction of noise levels.E+W+S

(1)If it appears to the local authority—

(a)that the level of noise emanating from any premises to which a noise abatement order applies is not acceptable having regard to the purposes for which the order was made; and

(b)that a reduction in that level is practicable at reasonable cost and would afford a public benefit,

the local authority may serve a notice on the person responsible.

(2)The notice shall require that person—

(a)to reduce the level of noise emanating from the premises to such level as may be specified in the notice;

(b)to prevent any subsequent increase in the level of noise emanating from those premises without the consent of the local authority; and

(c)to take such steps as may be specified in the notice to achieve those purposes.

(3)A notice under this section (in this Part of this Act referred to as a “noise reduction notice”) shall specify a time, not being less than six months from the date of service of the notice, within which the noise level is to be reduced to the specified level and, where the notice specifies any steps necessary to achieve that purpose, within which those steps shall be taken.

(4)A noise reduction notice may specify particular times, or particular days, during which the noise level is to be reduced, and may require the noise level to be reduced to different levels for different times or days.

(5)A notice under this section shall take effect whether or not a consent under the preceding section authorises a level of noise higher than that specified in the notice.

(6)The local authority shall record particulars of a noise reduction notice in the noise level register.

(7)A person who is served with a noise reduction notice may, within three months of the date of service, appeal to a magistrates’ court against the notice.

(8)A person who without reasonable excuse contravenes a noise reduction notice shall be guilty of an offence against this Part of this Act.

(9)In proceedings for an offence under the preceding subsection in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means had been used for preventing, or for counteracting the effect of, the noise.

67 New buildings etc.E+W+S

(1)Where it appears to the local authority—

(a)that a building is going to be constructed and that a noise abatement order will apply to it when it is erected; or

(b)that any premises will, as the result of any works, become premises to which a noise abatement order applies,

the local authority may, on the application of the owner or occupier of the premises or a person who satisfies the authority that he is negotiating to acquire an interest in the premises or on its own initiative, determine the level of noise which will be acceptable as that emanating from the premises.

(2)The local authority shall record in the noise level register the level of noise determined under this section for any premises.

(3)The local authority shall givenotice of its intention to the applicant or, in the case of a decision made on its own initiative, to the owner or the occupier of the premises, and the recipient of the notice may appeal to the Secretary of State against that decision within three months of the date on which the local authority notifies him of that decision; and it shall be the duty of the local authority to act in accordance with the decision of the Secretary of State on the appeal.

(4)If within the period of two months beginning with the date when the local authority receives an application in pursuance of subsection (1) of this section, the authority has not given notice to the applicant of its decision on the application, the authority shall be deemed to have given him notice on the expiration of that period that it has decided not to make a determination in pursuance of the application; and the applicant may accordingly appeal against the decision to the Secretary of State in pursuance of the preceding subsection.

(5)Where at any time after the coming into force of a noise abatement order any premises become premises to which the order applies as a result of the construction of a building or as a result of any works carried out on the premises but no level of noise has been determined under this section as respects the premises, section 66 of this Act shall apply as if—

(a)paragraph (b) of subsection (1) were omitted; and

(b)three months were substituted for six months in subsection (3); and

(c)subsection (9) were omitted.

Noise from plant or machineryE+W+S

68 Noise from plant or machinery.E+W+S

(1)Provision may be made by regulations—

(a)for requiring the use on or in connection with plant or machinery of devices or arrangements for reducing the noise caused by the plant or machinery;

(b)for limiting the level of noise which may be caused by any plant or machinery when used for works to which section 60 of this Act applies or which may be caused outside a factory within the meaning of the M4Factories Act 1961 by the use of plant or machinery in the factory;

and regulations under this section may apply standards, specifications, descriptions or tests laid down in documents not forming part of the regulations.

(2)It shall be the duty of the Secretary of State, before he makes regulations under this section, to consult persons appearing to him to represent producers and users of plants and machinery with a view to ensuring that the regulations do not contain requirements which in his opinion would be impracticable or involve unreasonable expense.

(3)Any person who contravenes or causes or permits another person to contravene regulations under this section shall be guilty of an offence against this Part of this Act; but in any proceedings for a contravention or regulations made in pursuance of paragraph (a) of subsection (1) of this section it shall be a defence to prove that means were used for the purpose of reducing the noise in question which were not less effective for that purpose than the means required by the regulations.

(4)Without prejudice to the generality of section 104(1)(a) of this Act, different regulations may be made under this section for different localities, and it shall be the duty of each local authority to enforce the provisions of regulations under this section within its area; but nothing in this section shall be taken to authorise a local authority in Scotland to institute proceedings for any offence.

(5)Nothing in this section or in regulations under this section shall be construed as derogating from any other provision of this Part of this Act.

Marginal Citations

SupplementalE+W+S

69 Execution of works by local authority.E+W+S

(1)This section applies—

[F15(a) to a notice under section 58 of this Act;]

(b)to a noise reduction notice; and

(c)to an order of a magistrates’ court under [F16section 59(2) or]section 65(6) of this Act,

being a notice or order which requires any person to execute any works.

(2)If that person fails to execute all or any of the works in accordance with the notice or order, the local authority may execute those works.

(3)Where a local authority execute works in pursuance of—

(a)[F16 Section 59(6) or]section 65(7) of this Act; or

(b)this section,

the local authority may recover from the person in default the expenditure incurred by the local authority in executing the works, except such of the expenditure as that person shows was unnecessary in the circumstances.

In this and the following subsection “the person in default” means—

[F15(i) in a case under section 59(6), the person against whom the order was made under subsection (2) of that section,]

(ii)in a case under section 65(7), the person convicted of an offence under subsection (5) of that section, and

(iii)in any other case, the person to whom the notice or order applies.

(4)In proceedings to recover any amount due to a local authority under the preceding subsection in respect of works executed by the local authority in pursuance of this section, it shall not be open to the person in default to raise any question which he could have raised on an appeal against the notice or order.

Textual Amendments

70 Appeals to Secretary of State and magistrates’ court.E+W+S

(1)Where any provision in this Part of this Act provides for an appeal to a magistrates’ court, the procedure shall be by way of complaint for an order and [F17the M5Magistrates’ Courts Act 1980] shall apply to the proceedings.

(2)The Secretary of State may make regulations as to appeals under this Part of this Act to the Secretary of State or, subject to the preceding subsection, to magistrates’ courts; and the regulations may in particular—

(a)include provisions comparable to those in section 290 of the M6Public Health Act 1936 (appeals against notices requiring the execution of works);

(b)prescribe the cases in which a notice under this Part of this Act is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

(c)prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which he is appealing;

(d)prescribe the cases in which the appellant may claim that a notice should have been served on some other person and prescribe the procedure to be followed in those cases.

(3)Regulations under this section may prescribe the procedure and practice as respect appeals to the Secretary of State under this Part of this Act, and in particular may make provision as respects—

(a)the particulars to be included in the notice of appeal;

(b)the persons on whom notice of appeal is to be served and the particulars, if any, to accompany the notice; and

(c)the abandonment of an appeal.

(4)In entertaining any appeal under this Part of this Act the Secretary of State, or as the case may be the magistrates’ court, shall have regard to any duty imposed by law on the appellant which concerns the activities in the course of which the noise is emitted.

(5)In the application of this section to Scotland, subsection (1) and the reference to that subsection in subsection (2) shall not have effect.

Textual Amendments

F17Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

71 Codes of practice for minimising noise.E+W+S

(1)For the purpose of giving guidance on appropriate methods (including the use of specified types of plant or machinery) for minimising noise, the Secretary of State may—

(a)prepare and approve and issue such codes of practice as in his opinion are suitable for the purpose; and

(b)Approve such codes of practice issued or proposed to be issued otherwise than by the Secretary of State as in the opinion of the Secretary of State are suitable for the purpose.

(2)The Secretary of State shall under paragraph (a) or paragraph (b) of the preceding subsection approve a code of practice for the carrying out of works to which section 60 of this Act applies.

(3)The powers conferred by this section on the Secretary of State shall be exercisable by order, and shall include power to vary or revoke a previous order under this section.

72“Best practicable means”.E+W+S

(1)This section shall apply for the construction of references in this Part of this Act to best practicable means.

(2)In that expression “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications.

(3)The means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and acoustic structures.

(4)The test of best practicable means is to apply only so far as compatible with any duty imposed by law, and in particular is to apply to statutory undertakers only so far as compatible with the duties imposed on them in their capacity of statutory undertakers.

(5)The said test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforseeable circumstances.

(6)Subject to the preceding provisions of this section, regard shall be had, in construing references to “best practicable means”, to any relevant provision of a code of practice approved under the preceding section.

73 Interpretation and other supplementary provisions. E+W+S

(1)Except where the context otherwise requires, in this Part of this Act—

  • “contravention” includes a failure to comply with the provision in question, and “contravene” shall be construed accordingly;

  • “local authority” means—

(a)in England and Wales, the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; and

(b)in Scotland, an islands or district council;

  • “noise” includes vibration;

  • “noise abatement order” and “noise abatement zone” have the meanings given by section 63 of this Act;

  • “noise level register” has the meaning given by section 64(2) of this Act;

  • “noise reduction notice” has the meaning given by section 66(3) of this Act;

  • “person responsible”, in relation to the emission of noise, means the person to whose act, default or sufferance the noise is attributable;

  • “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . F18, . . . F19, [F20hydraulic power or water][F20or hydraulic power], and includes the Port Office;

  • “work of engineering construction” means the construction, structural alteration, maintenance or repair of any railway line or siding or any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder.

(2)The area of a local authority which includes part of the seashore shall also include for the purposes of this Part of this Act, except sections 62 to 67, the territorial sea lying seawards from that part of the shore; and—

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)this Part of this Act (except sections 62 to 67 and this subsection) shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—

(i)As if references to premises and the occupier of premises included respectively a vessel and the master of a vessel, and

(ii)with such other modifications, if any, as are prescribed.

(3)Where more than one person is responsible for noise, this Part of this Act shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying action under this Part of this Act.

(4)This Part of this Act does not apply to noise caused by aircraft other than model aircraft and does not confer functions on port health authorities.

Textual Amendments

F20Words “or hydraulic power” substituted (E.W.) for “hydraulic power or water” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Modifications etc. (not altering text)

74 Penalties. E+W+S

(1)A person guilty of an offence against this Part of this Act shall be liable on summary conviction—

(a)in the case of a first offence against this Part of this Act, to a fine not exceeding [F22£200][F22level 5 on the standard scale]; and

(b)in the case of a second or subsequent offence against this Part of this Act, to a fine not exceeding [F23£400][F23level 5 on the standard scale],

together, in any case, with a further fine not exceeding £50 for each day on which the offence continues after the conviction.

(2)In determining whether an offence is a second or subsequent offence against this Part of this Act, account shall be taken of any offence—

(a)under section 24 of the M7Public Health (Scotland) Act 1897 by way of contravening a decree or interdict relating to noise; or

(b)under section 95 of the M8Public Health Act 1936 by way of contravening a nuisance order relating to noise, [F24; or

(c)under section 80(4) of the Environmental Protection Act 1990,]

as if it were an offence against this Part of this Act.

Textual Amendments

F22Words “level 5 on the standard scale”substituted (S.) (11.4.1983) for words “£200”by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289E—289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F23Words “level 5 on the standard scale”substituted (S.) (11.4.1983) for words “£400”by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 389F, 389G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F24S. 74(2)(c) and word “; or” immediately preceding it inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 15(5)

Modifications etc. (not altering text)

C10S. 74: Criminal Justice Act 1982 (c. 48), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) (11.4.1983)

Marginal Citations